Ex Parte Sandra Louise Garner

• Court: Court of Appeals of Texas
• Decided: May 29, 2019
• Docket: 10-19-00120-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-19-00120-CR

EX PARTE SANDRA LOUISE GARNER

From the 443rd District Court Ellis County, Texas Trial Court No. 43,468CR

ORDER

On May 6, 2019, Sandra Garner filed a Motion to Supplement Record on Appeal.

Garner specifically requests “… each and every document presently on file with the

Court” from a separate probate proceeding in another court to be included in the

appellate record. The State filed a response to the motion on May 15, 2019, requesting

this Court to deny the motion to supplement.

Rule 34.5 of the Texas Rules of Appellate Procedure lists the documents to be

included in the appellate record. We cannot consider evidence or documents outside the

appellate record unless it is necessary to determine our jurisdiction. Hutchinson v. State,

2014 Tex. App. LEXIS 4202, 10-13-00120-CR, *7-8 (Tex. App. Waco—2014, pet. ref’d). Because consideration of the probate file in another case and another court are outside

the appellate record and are not necessary to a determination of our jurisdiction, we

cannot consider them. Garner’s motion to supplement the record is denied.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Neill Order issued and filed May 29, 2019

Ex parte Garner Page 2